[HISTORY: Adopted by the Town Meeting of the Town of Middleborough
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
No person shall smoke, ingest, or otherwise use or consume marihuana
(marijuana) or tetrahydrocannabinol as defined in MGL c. 94C, § 1,
as amended, while in or upon any street, sidewalk, public way, footpath,
passageway, stairs, bridge, park, playground, beach, recreation area,
boat landing, public building, schoolhouse, school grounds, cemetery,
parking lot, or any area owned by or under the control of the Town
of Middleborough, or any of its boards or officers, or in or upon
any bus or other passenger conveyance operated by common carrier,
or in any place accessible to the public.
The term "place accessible to the public" as used herein shall
mean and be construed to include any way or place to which members
of the public have access as invitees or licensees.
Whoever violates § 200-1 of this bylaw shall be punished by a fine of $300 for each violation.
[Adopted 10-1-2018 STM by Art. 23, AG 2-22-2019, eff. 3-21-2019]
No person shall carry on the business, cultivate, process, package,
deliver, obtain, manufacture, process, package, brand, sell or otherwise
transfer, or test marijuana or marijuana products, or otherwise operate
a marijuana establishment as defined by MGL c. 94G within the Town
unless first duly licensed thereof by the Board of Selectmen, which
license shall be renewed by said marijuana establishment annually.
The marijuana establishment shall not operate and the license
shall not be valid until the applicant has entered into a host community
agreement with the Town.
The Board may adopt reasonable rules and regulations related
to the issuance of such licenses, including the fees to be paid therefor
and the conditions to be satisfied by any applicant for such a license.
[Amended 4-22-2019 ATM by Art. 32, AG 10-7-2019, eff. 10-31-2019
Only applicants seeking to convert a medical marijuana treatment
center engaged in the sale of marijuana or marijuana products, and
licensed or registered not later than October 1, 2017, shall be eligible
to apply for a license under this bylaw to operate as a marijuana
retailer.
Applicants for a license shall file an application on a form
provided by the Board of Selectmen, signed under the penalties of
perjury by the applicant, containing such information as the Board
of Selectmen may reasonably require from time to time. Each applicant
shall pay an application fee as may be reasonably determined from
time to time by the Board of Selectmen.
The Board of Selectmen must act upon the application within
45 days of a public hearing with due written notice provided to the
applicant of the time, date and location where such application will
be heard.
The Board of Selectmen may approve, deny or approve the application
with conditions. Such decision shall be based on the evidence taken
at the public hearing, consistent with the protection of the health,
safety and welfare of the public, and consistent with any regulations
promulgated by such board.
The Board of Selectmen may issue orders as appropriate to aid
in the enforcement of this regulation and may enforce these provisions
in equity, including the request for injunctive relief, in a court
of competent jurisdiction. Any failure to comply with any order issued
hereunder shall result in the issuance of a formal warning. Any failure
to comply with such a warning shall result in a fine of $300, which
may be enforced pursuant to MGL c. 40, § 21D. Any failure
to comply after the issuance of said fine may be punishable by a subsequent
fine of $300. Each day of a continued noncompliance shall constitute
a separate violation. Further, the Board of Selectmen may hold a hearing,
with notice to the licensee, to determine if such license should be
modified, suspended or revoked.
A.
The licensing authority may deny, revoke or suspend any license or
permit, including renewals and transfers, of any party or agent thereof
whose name appears on said list furnished to the licensing authority
from the Tax Collector of individuals delinquent on their taxes and/or
other municipal charges. Written notice must be given to the party
by the Tax Collector, as required by the applicable provision of law,
and the party must be given the opportunity for a hearing not earlier
than 14 days after said notice.
Home Rule Amendment (Art. 89 of the Amendments to the Massachusetts
Constitution); MGL c. 94G, § 3; 935 CMR 500.000.
